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Buholtz v. USMS, No. 16-00943, 2017 WL 160808 (D.D.C. Jan. 16, 2017) (Mehta, J.)

Date

Buholtz v. USMS, No. 16-00943, 2017 WL 160808 (D.D.C. Jan. 16, 2017) (Mehta, J.)

 

Re: Request for records concerning plaintiff maintained by a USMS contract facility

 

Disposition: Granting defendant's motion for summary judgment

  • Procedural Requirements, "Agency Records": The court holds that "the requested records are not 'agency records' for purposes of FOIA." The court explains that "[t]he fact that the . . . County Detention Center was a USMS contract facility does not convert its records into records created or controlled by USMS." "USMS did not exercise the kind of 'extensive supervision and control' over the records' creation for the court to conclude that the contract facility acted on behalf of USMS in creating the records." "Nor are any of the factors present that would establish the agency's control over the records."
     
  • Procedural Requirements, Searching for Responsive Records: "Because the USMS is not required to retrieve documents from a third party to comply with FOIA, the court rejects Plaintiff's argument that USMS must do so." The court finds that "FOIA imposes no obligation upon USMS to, as Plaintiff suggests, pick up the phone and request the records." "FOIA 'imposes no obligation to compile or procure a record in response to a request.'"
Court Decision Topic(s)
District Court opinions
Procedural Requirements, Agency Records
Procedural Requirements, Searching for Responsive Records
Updated December 9, 2021